HomeMy WebLinkAbout05524 ORD - 10/14/1959m li : 9 -9 -s9 . I -
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TEXAS, A LEASE AGREEMENT WITH THE CORPUS
CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AS LESSEE,
CERTAIN LANDS DESCRIBED IN SAID LEASE, BEING SEVEN
TRACTS OF LAND OUT OF THE NEW MUNICIPAL AIRPORT
PROPERTY, FOR A TERM OF 30 YEARS FROM THE DATE OF
EXECUTION OF SUCH LEASE BY THE CITY; SAID LEASE
AGREEMENT HAVING BEEN AUTHORIZED BY THE QUALIFIED
VOTERS AT AN ELECTION HELD ON THE 29TH DAY OF
AUGUST, 1959.
WHEREAS, THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI, TEXAS
DID, ON THE 29TH DAY OF AUGUST, 1959, AT AN ELECTION CALLED BY ORDINANCE
NO. 5456, AUTHORIZE THE CITY COUNCIL TO ENACT AN ORDINANCE GRANTING A
LEASE TO THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AS LESSEE,
CERTAIN LANDS DESCRIBED IN SAID LEASE, FOR A TERM OF 30 YEARS; AND
WHEREAS, THE AFORESAID LAND TO BE LEASED TO THE CORPUS CHRISTI
BANK AND TRUST COMPANY, TRUSTEE, AS LESSEE, COMPRISES SEVEN TRACTS OF LAND
OUT OF THE NEW MUNICIPAL AIRPORT PROPERTY LOCATED IN NUECES COUNTY, TEXAS; AND
WHEREAS, IN ORDER TO DEVELOP THE NEW CORPUS CHRISTI MUNICIPAL
AIRPORT AS PLANNED, IT IS NECESSARY FOR THE CITY TO ENTER INTO A LEASE
AGREEMENT WITH SAID BANK.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS.
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A LEASE
AGREEMENT WITH THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AS
LESSEE, SEVEN TRACTS OF LAND OUT OF THE NEW CORPUS CHRISTI MUNICIPAL AIR-
PORT PROPERTY LOCATED IN NUECES COUNTY, TEXAS, FOR A PERIOD OF 30 YEARS,
SAID LEASE AGREEMENT BEING IN WORDS AND FIGURES AS FOLLOWS, TO -WIT:
5524
13
LEASE
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT MADE AND ENTERED INTO AS OF THE DAY OF
19591 BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, ACTING HEREIN BY AND
THROUGH ITS CITY MANAGER, HEREINAFTER CALLED THE CITY, AND THE CORPUS CHRISTI BANK
AND TRUST COMPANY, TRUSTEE, HEREINAFTER CALLED THE LESSEE:
W I T N E S S E T H :
IN CONSIDERATION OF THE RESERVATIONS, COVENANTS, AND AGREEMENTS HERE-
INAFTER SET FORTH, AND PURSUANT TO THE AUTHORITY GRANTED BY A MAJORITY OF THE
QUALIFIED VOTERS, VOTING AT AN ELECTION HELD 01959, VOT-
ING IN FAVOR OF EXECUTION OF THIS LEASE, THE CITY DOES HEREBY GRANT, DEMISE,
LEASE, AND LET -UNTO THE LESSEE THOSE CERTAIN PARCELS OR TRACTS OF LAND LOCATED
NEAR CORPUS CHRISTI, IN NUECES COUNTY, TEXAS, HEREINAFTER MORE PARTICULARLY
DESCRIBED. THE LESSEE SHALL, UNTIL USED OR SUB - LEASED, PAY A RENTAL OF ONE
DOLLAR ($1.00) PER YEAR FOR THE LANDS HEREBY LEASED. AS TO ALL PORTIONS IM-
PROVED BY LESSEE AND NOT ASSIGNED OR SUB - LEASED THE RENTAL SHALL BE FIXED AT THE
TIME OF APPROVAL OF SUCH IMPROVEMENTS FOR CONSTRUCTION AT A RENTAL EQUIVALENT TO
SIX PERCENT (6%) PER ANNUM OF THE VALUE OF THE LAND INVOLVED VALUED AS IMPROVED
AND PART OF THE CITY MUNICIPAL AIRPORT AND SUCH RENTAL SHALL BE SUBJECT TO RE-
VISION AT THE OPTION OF THE CITY AT FIVE (5) YEAR INTERVALS ON THE BASIS OF A
SIX PERCENT (E) %) ANNUAL RENTAL ON THE VALUE OF SUCH LAND AS IMPROVED AND PART
OF THE SAID AIRPORT. THE LANDS HEREBY LEASED ARE MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
SEVEN (7) TRACTS OF LAND OUT OF THE NEW MUNICIPAL AIRPORT PROPERTY
LOCATED IN NUECES COUNTY, TEXAS, AS FOLLOWS:
LEASE TRACT N0. 1 BEING 51.91 ACRES OUT OF A TRACT OF LAND
FORMERLY OWNED BY RAND MORGAN, AND 194.44 ACRES OUT OF TRACT
OF LAND FORMERLY OWNED BY F. B. SECHRIST;
LEASE TRACT N0. 2 BEING 103.36 ACRES OUT OF A TRACT OF LAND
FORMERLY OWNED BY C. J. HOELSCHER, AND 31.64 ACRES OF LAND
FORMERLY OWNED BY GUARANTY TITLE AND TRUST COMPANY;
LEASE TRACT NO. 3 BEING 148 ACRES doy OF A TRACT OF q.AND
FORMERLY OWNED BY GUARANTY TITLE AND TRUST COMPANY;
LEASE TRACT NO. 4 BEING 7.8 ACRES OUT OF A TRACT OF LAND FORMERLY
OWNED BY J. L. SCOGIN;
LEASE TRACT N0. 5 BEING 63.95 ACRES OUT OF A TRACT OF LAND
FORMERLY OWNED BY RAND MORGAN, AND 0.05 _ACRES OUT OF A TRACT
OF LAND FORMERLY OWNED BY F. B. SECHRIST;
LEASE TRACT N0. 6 BEING THAT PORTION OF THE NEW MUNICIPAL AIRPORT
TERMINAL BUILDING DESIGNATED FOR USE AS A RESTAURANT AND CATERING
SERVICE;
LEASE TRACT N0. 7 BEING 10.04 ACRES OUT OF A TRACT OF LAND FORMERLY
OWNED BY M. M. GABRIEL, AND ACRES OUT OF A TRACT OF LAND
FORMERLY OWNED BY CECILIA KELLEY;
ALL OF THE AFORESAID TRACTS OF LAND HAVING BEEN ACQUIRED AND
NOW OWNED BY THE CITY OF CORPUS CHRISTI FOR A NEW MUNICIPAL AIR-
PORT AND RELATED AVIATION USES;
SUCH TRACTS TO BE LOCATED SO AS TO CONFORM TO THE PLANS FOR THE
NEW MUNICIPAL AIRPORT OF THE CITY OF CORPUS CHRISTI; SAID TRACTS
OF LAND AND SAID NEW MUNICIPAL AIRPORT SITE BEING LOCATED IMMEDI-
ATELY SOUTH OF AND ADJACENT TO STATE HIGHWAY 44 IN THE IMMEDIATE
VICINITY OF STATE FM ROAD 763; ALL OF SAID LEASE TRACTS AND ALL
OF SAID LAND LOCATED AND IN SUCH SIZE AND SHAPES AS SHOWN AND AS
DESCRIBED ON THE MAP OR MASTER PLAN OF THE NEW CORPUS CHRISTI
MUNICIPAL AIRPORT,,WHICH IS ATTACHED HERETO AND MADE A PART HEREOF
FOR ALL INTENTS AND PURPOSES AS IF COPIED VERBATIM HEREIN.
TO HAVE AND TO HOLD THE SAID PREMISES FOR A TERM BEGINNING WITH THE
DATE FIRST HEREINABOVE SET FORTH AND ENDING THIRTY (30) YEARS THEREAFTER, UNLESS
SOONER TERMINATED AS HEREINAFTER PROVIDED.
THE LEASE HEREIN GRANTED SHALL BE SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
1. THERE IS RESERVED UNTO THE CITY FULL TITLE IN AND POSSESSION,
USE AND CONTROL OF ALL PORTIONS OF THE AIRPORT PREMISES, AND ALL PARTS THEREOF
NOT HEREBY EXPRESSLY LEASED ARE SPECIFICALLY EXCLUDED FROM THE TERMS OF THIS
LEASE, AND THE CITY AND ALL ITS AGENCIES SHALL BE GIVEN FREE ACCESS THERETO.
UTILITY CONNECTIONS TO THE PROPERTY HEREBY LEASED SHALL NOT BE MADE OR DIS-
CONNECTED WITHOUT THE PRIOR CONSENT OF THE CITY, AND ALL UTILITIES THEREON SHALL
BE SEPARATELY METERED WITH PAYMENTS THEREFOR TO BE AT COST OF THE LESSEE.
2. THIS LEASE SHALL BE TERMINABLE BY THE CITY AT ANY TIME DURING ITS
TERM AS TO ALL OR ANY PART THEREOF CONCERNING WHICH THERE IS A BREACH OF THE
PROVISIONS HEREOF BY THE LESSEE, ITS SUB - LESSEE OR ASSIGN.
3. THE LESSEE, ITS AGENTS, OFFICERS, SUB - LESSEES, OR TENANTS WILL USE
THE DEMISED PREMISES LEASED HEREUNDER, AND THE FACILITIES WHICH MAY BE PLACED
THEREON, FOR PURPOSES TO WHICH THEY ARE ADAPTED AND SUCH OTHER PURPOSES AS CON-
DUCE TO THE GENERAL WELFARE OF CITIZENS AND RESIDENTS OF THE CITY, INCLUD-
ING WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, AS PART OF A
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MUNICIPAL AIRPORT AND AIR FACILITY.
4. CONTINUOUSLY DURING THE TERM OF THIS LEASE, THE DEMISED PREMISES
WILL BE OPERATED AS A PART OF AND INCIDENTAL TO THE OPERATION OF A PUBLIC
AIRPORT, FOR THE BENEFIT OF THE PUBLIC, ON FAIR AND REASONABLE TERMS AND WITH-
OUT UNJUST DISCRIMINATION. THE LESSEE, IN CONNECTION WITH THE OPERATION OF THE
PREMISES AND FACILITIES COVERED BY THIS LEASE, SHALL COMPLY WITH ALL APPLICABLE
REQUIREMENTS OF THE FEDERAL AVIATION AGENCY AND THE UNITED STATES DEPARTMENT OF
COMMERCE ACTING BY AND THROUGH THE FEDERAL AVIATION AGENCY.
5. THE LESSEE WILL MAINTAIN AND KEEP THE DEMISED PREMISES IN A CLEAN,
SAFE AND HEALTHFUL CONDITION ACCORDING TO ANY APPLICABLE FEDERAL OR STATE LAWS
AND MUNICIPAL ORDINANCES, AND WILL COMPLY WITH ALL LAWFUL DIRECTIVES BY PROPER
PUBLIC OFFICIALS IN RESPECT THERETO DURING THE TERM OF THIS LEASE OR ANY RENEWAL
THEREOF. UPON THE EXPIRATION OF THIS LEASE OR EARLIER TERMINATION THEREOF, THE
LESSEE WILL DELIVER UP AND SURRENDER THE DEMISED PREMISES TO THE CITY IN AS
GOOD ORDER, CONDITION, AND REPAIR AS THE DEMISED PREMISES WERE IN AT THE BEGINNING
OF THE TERM OF THIS LEASE, DAMAGE BY ACTS OF GOD OR OF A PUBLIC ENEMY, ORDINARY
WEAR, TEAR AND DETERIORATION AND OTHER CAUSES BEYOND THE LESSEE'S CONTROL EXCEPTED,
AND WITH SUCH BUILDINGS AND STRUCTURES ATTACHED THERETO AS MAY HAVE BEEN PLACED
THEREON BY LESSEE OR ITS ASSIGNS OR SUB- LESSEES UNLESS THE CITY COUNCIL DIRECTS
THAT CERTAIN ASSIGNMENTS AND SUB- LEASES PROVIDE THAT CERTAIN BUILDINGS AND STRUC-
TURES MAY BE REMOVED AT THE END OF THE TERM OR UPON AN EARLIER TERMINATION.
6. ALL SUB - LEASES AND ASSIGNMENTS SHALL BE IN SUCH TERMS AND CONTAIN
SUCH PROVISIONS AS MAY BE REQUIRED OR APPROVED BY THE CITY COUNCIL, INCLUDING
THE PROVISION REQUIRINQ THE PAYMENT OF REASONABLE RENTALS PAYABLE AT SUCH INTER-
VALS AS DETERMINED BY THE CITY COUNCIL, SUCH RENTALS TO BE NO LESS THAN A RENTAL
OF SIX PERCENT (6 %) PER YEAR ON THE VALUE OF THE LAND INVOLVED IMPROVED AS A
PART OF AN AIRPORT. SUCH RENTAL SHALL BE SUBJECT TO REVISION AT INTERVALS OF
FIVE (5) YEARS SO AS TO RETURN AT LEAST SIX PERCENT (6 %) OF THE VALUE OF LAND
SO LEASED.
7. THE LESSEE, ALL ASSIGNEES AND SUB - LESSEES SHALL CARRY AND KEEP IN
FORCE PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ADEQUATE TO PROTECT THE
CITY AND THE PUBLIC. LESSEE OR ITS ASSIQNEES OR SUB - LESSEES SHALL CARRY FIRE
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AND COMPREHENSIVE COVERAGE INSURANCE PAYABLE TO THE CITY, SUBJECT TO USE BY
LESSEE, ASSIGNEE OR SUB- LESSEE FOR RESTORING THE BUILDING IN SUCH AMOUNT AS
IS ADEQUATE TO COVER THE VALUE OF PERMANENT IMPROVEMENTS PLACED ON SUCH LEASED
PREMISES.
8. THE LESSEE, ITS SUB - LESSEES OR ASSIGNS, SHALL, DURING THE TERM
OF THIS LEASE, HAVE THE RIGHT TO MAKE ALTERATIONS, ATTACH FIXTURES, AND CON-
STRUCT OR ERECT ADDITIONS, STRUCTURES, OR SIGNS IN AND UPON THE DEMISED PREMISES
ONLY WITH THE WRITTEN CONSENT OF THE CITY ACTING BY AND THROUGH ITS CITY MANAGER
OR OTHER OFFICER OF THE CITY DESIGNATED BY HIM. TITLE TO ALL STRUCTURES, FACILI-
TIES, ADDITIONS, FIXTURES AND IMPROVEMENTS PLACED, INSTALLED OR CONSTRUCTED UPON
THE DEMISED PREMISES BY THE CITY SHALL REMAIN IN THE LESSEE, ASSIGNEE OR SUB-
LESSEE UNTIL THE TERMINATION OF THIS LEASE AS TO ALL OR ANY PORTION OF THE
PREMISES HEREBY LEASED, AND SUCH PROPERTY MAY NOT BE REMOVED BY SUCH LESSEE,
ASSIGNEE OR SUB - LESSEE UPON THE EXPIRATION OF THIS LEASE OR UPON THE EARLIER
TERMINATION THEREOF. THE CITY COUNCIL MAY DIRECT THAT SOME ASSIGNMENTS OR SUB-
LEASES WILL ENTITLE SUCH ASSIGNEES OR SUB - LESSEES TO REMOVE THEIR IMPROVEMENTS
AT THE END OF THE TERM OR UPON TERMINATION.
9. THAT THE LESSEE, TOGETHER WITH ITS AGENTS, SUB - LESSEES, TENANTS
OR ASSIGNS, WILL SAVE THE CITY HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES BY
REASON OF INJURY TO ANY PERSON OR PERSONS OR PROPERTY THEREOF WHILE IN, UPON,
OR ABOUT THE LEASED PREMISES OR RIGHTS -OF -WAY ADJACENT OR APPURTENANT TO THE
SAID PREMISES DURING THE TERM OF THIS LEASE AND NOT CAUSED IN WHOLE OR IN PART
BY THE NEGLIGENT ACTS OF THE CITY, ITS AGENTS, SERVANTS, EMPLOYEES OR REPRESENTA-
TIVES.
10. THE CITY SHALL HAVE THE RIGHT TO SPECIFY THE USE TO BE MADE
OF THE LAND LEASED HEREBY THROUGH USE OR MANAGEMENT AGREEMENTS, ASSIGNMENTS
OR SUB - LEASES. THE USE OF ALL LAND SHALL BE FOR THE OPERATION OF ANY BUSINESS
OR ENTERPRISE WHICH IS REASONABLY NECESSARY TO THE PROPER CONDUCT AND OPERATION
OF A PUBLIC AIRPORT AND FOR THE CONVENIENCE OF THE GENERAL PUBLIC USING AIR
TRANSPORTATION FACILITIES IN DOMESTIC AND FOREIGN AIR COMMERCE, AND FOR SUCH
1 1
OTHER USES PERMITTED IN WRITING BY THE CITY.
11. THE LESSEE, ASSIGNEE OR SUB - LESSEE SHALL STORE NO MATERIALS
OR SUPPLIES IN OR ABOUT THE SAID PREMISES WHICH WILL INCREASE THE FIRE HAZARD
OR CONSTITUTE AN UNUSUAL RISK IN THAT CONNECTION, AND THE LESSEE, ASSIGNEE
OR SUB- LESSEE SHALL AT ALL TIMES USE THE PREMISES IN SUCH MANNER AS NOT TO
ENDANGER PROPERTY OF THE CITY OR OTHER PERSONS AUTHORIZED TO USE THE AIR-
PORT PREMISES OR FACILITIES OR ANY PART THEREOF.
12. THIS LEASE IS RESTRICTED TO THE LESSEE AND ITS LAWFULLY CREATED
SUCCESSOR OR SUCCESSORS IN INTEREST AND THE RIGHTS AND PRIVILEGES HEREIN
GRANTED SHALL NOT OTHERWISE BE ASSIGNED OR TRANSFERRED IN ANY MANNER WITHOUT
THE CONSENT OF THE CITY OBTAINED BEFOREHAND IN WRITING, AND SUCH ASSIGNMENT OR
TRANSFER SHALL BE SUBJECT TO ALL OF THE CONDITIONS AND PROVISIONS OF THIS AGREE-
MENT.
13. THE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT ANY
TIME DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE OF INSPECTING THE SAME
IN ORDER TO DETERMINE WHETHER THE TERMS HEREOF ARE BEING OBSERVED AND CARRIED
OUT BY THE LESSEE.
14. EACH AND-EVERY ASSIGNMENT OR SUB -LEASE SHALL, WHEN APPROVED BY
THE CITY, BE CONSIDERED AS SEVERED AND THEREAFTER BE SEPARATED, FROM THE PART
OR PORTION OF THE LANDS NOT COVERED IN SUCH SUB- LEASE, AND AS TO THE LANDS
COVERED IN SUCH ASSIGNMENT OR SUB - LEASE, BE SUBJECT TO CANCELLATION OR FORFEITURE
ONLY FOR BREACH OF THIS LEASE AND /OR THE PROVISIONS OF THE ASSIGNMENT OR SUB-
LEASE AS APPLIED TO THE LAND COVERED IN SUCH SUB - LEASE.
15. THE CITY RESERVES THE RIGHT TO EXCLUDE ANY AND ALL PORTIONS OF
THE ABOVE DESCRIBED PROPERTY FROM THIS LEASE BY PROVIDING NOTICE IN WRITING TO
LESSEE AT LEAST 10 DAYS PRIOR TO SUCH EXCLUSION, SAID NOTICE SETTING OUT THE
PORTION OR PORTIONS TO BE EXCLUDED, PROVIDED NO EXCLUSION WILL BE MADE OF
PROPERTY PREVIOUSLY ASSIGNED OR SUB- LEASED BY LESSEE UNDER THE TERMS OF THIS
LEASE AGREEMENT. THE LESSEE WILL BE ENTITLED TO A PRO -RATA REDUCTION IN THE
ANNUAL RENTAL PAID BY LESSEE FOR ALL PORTIONS EXCLUDED UNDER THIS PROVISION.
16. THE CITY FURTHER EXCLUDES FROM THIS LEASE ANY AND ALL MINERALS
AND THE RIGHT TO PROSPECT FOR SAME IN AND UPON THE LEASED LAND, PROVIDED, HOWEVER,
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THAT THE RIGHTS SO RESERVED SHALL NOT BE EXERCISED IN SUCH MANNER AS TO
INTERFERE WITH THE USE OF THE LEASED LAND FOR AIRPORT PURPOSES.
17. THIS LEASE IS SUBJECT TO THAT CERTAIN TRUST AGREEMENT MADE
BETWEEN LESSOR AND LESSEE OF EVEN DATE HEREWITH.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS LEASE TO
BE EXECUTED, THIS THE DAY OF , 1959.
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM
THIS DAY OF , 1959:
CITY ATTORNEY
ATTEST:
SECRETARY
_6_
CITY OF CORPUS CHRISTI, TEXAS
BY
HERBERT W. WHITNEY
CITY MANAGER
CORPUS CHRISTI BANK & TRUST COMPANY,
TRUSTEE
PRESIDENT
l
THAT THE FOREGOING ORDINANCE WAS AD FOR THE IR TIME ANIZ,
PASSED TO ITS SECOND READING ON THIS THE DAY OF ' t9
BY THE FOLLOWING VOTE:
ELLROY KING
JAMES L. BARNARD -
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE �
GABE/1.. LOZANO, SR. i
THAT THE FOREGOING ORDINANCE WA EAD FOR T S D TIME AND
PASSED TO ITS THIRD READING ON THIS THE DAY OF s 191
BY THE FOLLOWING VOTE:
ELLROY KING /
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE /),.. LOZANO, SR.
THAT THE FOREGOING 0 INANCE W VRE F08 T9�eRD TIME AND
PASSED FINALLY ON THIS THE�DAY OF fll?t/ 1 ,.J BY THE FOLLOWING
VOTE:
------ --���-- ���--- ffffff ----
ELLROY KING CLIP
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE oor
GABE Y LOZANOS SR.� //j
PASSED AND APPROVED, THIS THE / V DAY of 19.
ATTE t
�/ MAYOR
CITY SECRET Y THE CITY j0FRPUS CH I TI' TEXAS
APPROV TO LEGAL 0
THIS AY 19 OF J�.
CITY A T TO RNEY